First, what liability does the lawyer bear if he does not hold court?
If a lawyer fails to attend the hearing upon receiving a summons, he shall be liable for breach of contract.
Article 32 of the "Lawyers Law": The client may refuse to entrust a lawyer to continue to defend or represent him, and may at the same time entrust another lawyer to serve as defender or agent. After accepting the entrustment, a lawyer shall not refuse defense or representation without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent the client.
2. What materials do lawyers need to prepare for a court hearing?
If you are acting as a plaintiff, the order of materials is as follows:
1. Indictment;
2. Evidence materials corresponding to the complaint;
< p>3.Agent word.If the defendant is represented by a lawyer, then:
1. Litigation procedures, including a power of attorney and a copy of the lawyer's certificate, and a copy of the business license with the official seal (if the defendant is a legal person) , proof of identity of the legal representative;
2. Defense;
3. Evidence materials corresponding to the defense;
4. Agency statement.
A court hearing refers to the process in which the people's court hears a case in a court or other appropriate place after completing the preparatory work for the court hearing.
The court hearing is the stage when the collegial panel conducts substantive hearings on the case. The main methods are open trial and closed trial. The general principle of civil cases is that public trials are the main method and closed trials are supplementary.
According to Article 120 of the Civil Procedure Law, civil cases heard by the people's courts shall be conducted in public, unless they involve state secrets, personal privacy, or otherwise provided by law. Divorce cases and cases involving business secrets may be heard in secret upon application by the parties concerned.
3. When are the attorney fees paid?
Generally speaking, there are two charging models for attorney fees.
1. Normally, it is in advance, that is, when you sign the commission contract with the law firm or lawyer, you agree on the agency fee or defense fee. This must be paid in advance.
2. Risk agency, the parties negotiate and reach an agreement with the lawyer, and only pay a small part of the fee beforehand or not. After the case is completed, the target amount will be paid. Or the actual judicial effect, attorney’s fees shall be paid in proportion. For example, the lawsuit requires the defendant to pay one million yuan in arrears. The risk lawyer does not charge any fees before representing you. You will not be able to get the million back until the case is completed. The risk lawyer will charge a maximum of 30% of the million as legal fees, which is less than 300,000! To sum up, paying in advance costs less! Risk agents, lawyers, and parties face * * * risks and high costs!
The method the client chooses to pay the lawyer's fees can be agreed upon with the lawyer in the commission contract. In addition, in our country, lawyers are subject to the management of the Lawyers Association, and legal fees have a fixed proportion. Lawyers are required to charge fees within the scope of industry standards, and violators will be deemed to have violated the regulations and be given certain penalties.
Lawyer fees can generally be paid before or after the trial, which is very flexible. At the same time, when lawyers appear in court, they must prepare representation statements; complaints; relevant evidence (witness testimony; recordings; physical evidence; witnesses and other relevant evidence); defense and other relevant materials.